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This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March
2009, in Dutch law. According to this provision a child has the right to have contact
with both parents as well as with those who have sufficient close personal links with
the child. The parent who is not responsible for the physical care of the child has the
right and obligation to have contact with the child. The question whether the South
African law, through the provisions of section 28 of the Constitution and the
Children's Act, provides such a right and obligation, is investigated. Even though the
conclusion is reached that the South African law indirectly provides such right and
obligation, it is argued that the explicit recognition thereof in the Children's Act would
provide a statutory legal duty on parents to have and maintain contact with their
child. This would enhance legal certainty. Attention is also given to the enforcement
of such right of the child.